Marine Power Holding, L.L.C. v. Malibu Boats, LLC

Filing 147

ORDER AND REASONS: ORDERED that the trial and pretrial conference dates are CONTINUED WITHOUT DATE, as stated herein. FURTHER ORDERED that the 74 motion to strike the witness list and the 75 motion to exclude testimony by Ronald L. Gagnet are DISMISSED AS MOOT. Signed by Judge Lance M Africk on 2/19/2016.(blg)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MARINE POWER HOLDING, L.L.C.

CIVIL ACTION

VERSUS

NO. 14-912

MALIBU BOATS, LLC

SECTION I
ORDER AND REASONS

The Court has pending before it a motion filed by plaintiff, Marine Power Holding, L.L.C.,
to strike “all witnesses from the witness list of Defendant Malibu Boats, LLC (‘Malibu’) that were
not previously disclosed as potential witnesses in response to Marine Power’s Interrogatory No.
12.”1 The Court also has pending before it a motion filed by defendant, Malibu Boats LLC, to
exclude testimony by one of plaintiff’s experts, Ronald L. Gagnet, on the basis that during discovery
plaintiff refused to produce financial records which were relied on by Gagnet when he formulated
an opinion as to plaintiff’s damages.2 The Court has received ample briefing as to both motions.3
Having reviewed the contentious briefing, the Court concludes that both parties have
engaged in unsatisfactory and inefficient discovery conduct. However, the Court is not persuaded
at this time that such conduct warrants exclusion of any witnesses. Rather, a more appropriate
remedy is to allow both parties additional discovery regarding the purportedly untimely disclosed
matters.
Furthermore, based on the present status of the case, which has been compromised by a lack

1

R. Doc. No. 74, at 1.
R. Doc. No. 75, at 1-3.
3
R. Doc. Nos. 81, 86, 95, 96, 100, 102.
2

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of civility by counsel for both parties,
IT IS ORDERED that the trial and pretrial conference dates in the above-captioned matter
are CONTINUED WITHOUT DATE. The Court’s case manager shall conduct a conference with
the parties to select a new trial date and pretrial conference date. The Court’s case manager shall
issue a revised scheduling order setting forth new pretrial discovery deadlines, except with respect
to the deadline for filing pretrial motions, including motions in limine regarding the admissibility
of expert testimony, which deadline is NOT extended.
IT IS FURTHER ORDERED that the motion to strike the witness list and the motion to
exclude testimony by Ronald L. Gagnet are DISMISSED AS MOOT.

New Orleans, Louisiana, February 19, 2016.
________________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

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